All prices quoted by the Powerpoint Engineering Limited are ex-works and the purchaser shall pay all charges for carriage, insurance and export duties (where appropriate). Products sold without quotation will be charged at prices prevailing at the date of collection or despatch.
Delivery dates are provided as accurately as possible but cannot be guaranteed. Late delivery does not entitle the Purchaser to repudiate the contract or to claim damages. The Company may invoice the Purchaser earlier than:
- The date the goods are shipped
- The date the goods are ready for shipment but are held pending instruction from the Purchaser
Delivery of goods to the carrier shall constitute delivery thereof to the Purchaser, and thereafter such goods shall be at the Purchaser’s risk. Any claims for damages or shortages occurring after such delivery should be directed by the Purchaser to the carrier.
Where the purchaser has agreed credit terms with the Company, payment will be 30 days from date of invoice, unless otherwise agreed in writing. If payment is not received within the agreed payment terms the Company is entitled to charge and recover interest from the Purchaser on the price of goods calculated at the rate of four percent from the due date until date of full payment.
Although a binding agreement for the sale of goods is formed when an order (whether written or verbal) is received by the Company and the Company, may at their discretion, despatch an acknowledgement of the order together with the terms and conditions, the title in the instruments shall remain with the Company and shall not pass to the Purchaser until the amount due under the invoice (including interest and costs) has been paid in full.
Until title passes the Purchaser shall hold the instruments as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.
The Company may at any time before title passes and without liability to the Purchaser, and to which the Purchaser hereby gives its irrevocable authority to the Company and its agent to repossess and dismantle whether tangible or intangible and use or sell any of the instruments and by doing so terminate the Purchaser’s rights to use, sell or otherwise deal in them and, (for that purpose of determining what if any instruments are held by the Purchaser and inspecting them) enter the premises of or occupied by the Purchaser.
The purchaser is licensed by the Company to agree to sell on the Company’s goods save that no title in the goods shall pass on the sub-sale unless and until payment is made for these goods and subject to the express condition that the entire proceeds thereof are held in trust for the Company and not mingled with other monies or paid into any overdrawn bank account and at all times be identifiable as the Companies monies.
The Company may maintain an action for the price of any instruments notwithstanding the title in them has not passed to the Purchaser.
No liability is accepted by the Company for any labour charges incurred in replacing parts or complete equipment under guarantee. Save as aforesaid, no liability is accepted by the Company for any loss, destruction, business interruption, financial penalties, damage, or injury, suffered by the Purchaser, or any other person arising from the Purchase, storage handling, use or resale of goods purchased from the Company.
Save as aforesaid, the Company is under no obligation to accept goods returned by the Purchaser and will do so only on terms to be agreed in writing.
The Company shall not be liable for failure to ship, or delay in shipment, due to any cause outside the reasonable control of the Company including, but not limited to, non-availability of materials, shortage of transport facilities or delays in transit, governmental administration laws and/or regulations affecting the Company’s performance.
The Company reserves the right to unilaterally terminate any Contract of Sale, or suspend delivery of goods to any Purchaser forthwith, by notice in writing to the Purchaser:-
- If compelled to do so by reasons outside the Company’s control.
- In the event of failure by such Purchaser to pay any sums outstanding due to the Company.
- If such Purchaser shall pass any resolution for winding up, or be the subject of any bankruptcy proceedings, or a receiver is appointed for the whole of, or part of, the Purchaser’s assets
In the event of the Purchaser wishing to terminate the contract the Company will, without prejudice to its other rights, require a payment from the Purchaser to cover any non-recoverable costs incurred up to the time of termination.
No statement, description, information, warranty, condition, or documentation contained in any catalogue, price list, advertisement, drawings or communication, or made verbally by any agents or employees of the Company, shall be construed to enlarge, vary or override, in any way, any of these conditions.